Benjamin L. Thomas

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
BENJAMIN L. THOMAS,
Debtor.
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Case No. 07-00097
(Chapter 7)
ORDER WAIVING FINANCIAL MANAGEMENT COURSE REQUIREMENT
The debtor has neglected to file a form demonstrating
compliance with the requirement that he complete a course in
financial management of the type described in 11 U.S.C. § 111.
The debtor’s son, however, informally advised the clerk’s office
that the debtor is now deceased and thus unable to complete the
financial management course requirement. 	On October 6, 2008, the
court entered an order addressing the possible death of the
debtor (Docket Entry (“DE”) No. 76), and in accordance with that
order, the chapter 7 trustee has filed a suggestion of death
together with a copy of a death certificate confirming that the
debtor is now deceased (DE No. 78, filed Oct. 30, 2008).
Although chapter 7 debtors are generally required to “file a
statement regarding completion of a course in personal financial
management . . . . within 45 days after the first date set for
The order below is signed with the title changed from "ORDER
WAIVING FINANCIAL MANAGEMENT COURSE REQUIREMENT" to
"MEMORANDUM DECISION AND ORDER WAIVING FINANCIAL
MANAGEMENT COURSE REQUIREMENT". The decision is not
intended for publication in West's Bankruptcy Reporter. Dated:
November 5, 2008.
______________________
S. Martin Teel, Jr.
U.S. Bankruptcy Judge
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the meeting of creditors under § 341 of the Code . . . .” in
order to obtain a discharge, see Interim Fed. R. Bankr. P.
1007(b)(7), (c); 11 U.S.C. § 727(a)(11), the requirement to
participate in an instructional course concerning personal
financial management of the type described in 11 U.S.C. § 111
does not apply “[w]ith respect to a debtor whom the court
determines, after notice and hearing, is unable to complete [that
requirement] because of incapacity, disability, or active
military duty in a military combat zone.” 	See 11 U.S.C. §§
727(a)(11), 109(h)(4). 	The debtor now being deceased, the court
concludes that the debtor is “incapacitated” such that he is
unable to complete the requirement. 	Thus, and in light of Fed.
R. Bankr. P. 1016, which provides that, in the event of the death
of a chapter 7 debtor, “the estate shall be administered and the
case concluded, in the same manner, so far as possible, as though
the death . . . had not occurred,” it is
ORDERED that the requirement that the debtor in the above-
captioned case complete a course in financial management of the
type described in 11 U.S.C. § 111 is WAIVED and the debtor’s
failure to file Official Form 23 shall not prevent the clerk from
entering an order granting the debtor a discharge.
[Signed and dated above.]
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3	O:\TEEL\Laura\ORDERS\Death of Debtor\Waiver of financial management course_debtor deceased_Thomas.wpd
Copies to:
Debtor; Chapter 7 Trustee; Office of United States Trustee;
Michele Thomas
636 Audrey Ln., Apt. 302
Oxon Hill, MD 20745
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